Writing on Spec Question

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  • Writing on Spec Question

    I've been approached by a well known producer to write a script on spec.

    I know what the spec process is and while I don't like the idea of writing for free until the producer can find funding and sell the script to a studio before I get paid, I understand that's just how things work. I have a question: Should there be some sort of written agreement in place?

    Again, while I am new to screenwriting and I am getting great responses from many industry execs for my work. However, my biggest fault is that I am not familiar with what I need to do to protect myself in this process. I do have management but I'm not entirely sure his allegiance is to me or the producer.

    Any suggestions?

  • #2
    Re: Writing on Spec Question

    If you're not sure of where your manager's loyalty lies get a new manager.

    And yeah, it happens. I've worked for producers for free and not **** came of it but wasted time and a spec I can't really take elsewhere. Do it if you think it's worth the opportunity, but for my money I'd rather write my own idea and have more latitude to take it elsewhere.

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    • #3
      Re: Writing on Spec Question

      I did this once a few years ago and it went absolutely nowhere. I'll never do it again.

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      • #4
        Re: Writing on Spec Question

        Samuel Johnson once wrote: "No man but a blockhead ever wrote, except for money."

        He is considered pretty smart.

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        • #5
          Re: Writing on Spec Question

          1. Don't do it. 2. Definitely don't do it without a written, entertainment lawyer-vetted contract signed by the producer in hand.

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          • #6
            Re: Writing on Spec Question

            If you do it -

            - You have to LOVE LOVE LOVE the idea.

            - Make sure you own the concept and content, including all revisions free and clear, if he can't get it going somewhere or if you decide to part over creative differences. If he says no to this, walk.

            - Get a timeline from him in terms of how long the process will be to get it to buyers once it's completed, including making additional attachments like directors, actors. Make sure you are comfortable with that and are also allowed to show the content as a sample to acquire work.

            - Find out how many rewrites he expects. As in 1st draft, 2nd and polish.

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            • #7
              Re: Writing on Spec Question

              All of the above, really. If your manager's loyalties are ambiguous, it might be time to find a new manager.

              Spec-for-free deals pretty much never lead to anything; it's so uncommon you can safely assume you'll get nothing out of this except some writing practice and maybe a free coffee. However there are sometimes reasons for doing them. Like madworld said, if you are passionate about the idea and would love to write it anyway, but don't even think about it if you are less than crazy about the idea and okay with it leading to nothing.

              Be clear about what's expected of you, and make sure your lawyer sanctions a written agreement which establishes that you have full, unencumbered ownership of the script until it is purchased.

              A "well known" producer should know all of this anyway and act appropriately. If they really care about the idea and have faith in it why aren't they willing to pay for the work or at least make reasonable payment for an option? These things are usually just producer fishing expeditions hoping a writer will take the bait. Meantime ask the producer if they'd like to come over and paint your house and you'll pay him/her if your family is satisfied with the work. Pardon the sarcasm, but I hate that writers so often get asked to work for free when nobody would ever dare ask the same of a plumber or dentist or mechanic etc.
              "Friends make the worst enemies." Frank Underwood

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              • #8
                Re: Writing on Spec Question

                Originally posted by DavidK View Post
                A "well known" producer should know all of this anyway and act appropriately. If they really care about the idea and have faith in it why aren't they willing to pay for the work or at least make reasonable payment for an option?
                Because development funds are more-or-less extinct and if you don't write it, there's no shortage of talented, trying-to-break-in writers who will.

                That's the mentality anyway. I get that it's not fair from an ideological sense, but I get it from the producer's sense as a business decision. If they have an idea they really care about and believe in and will put all their effort behind, then that idea will never even be sniffed by a writer in a position to work for free.

                It hasn't worked for me in such a way, but I've seen guys spec for producers and, with their help, were able to generate a great sample that their reps were able to sell as "Big Producer is attached to this" to get them other jobs. So there's that.

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                • #9
                  Re: Writing on Spec Question

                  FWIW, my partner and I did this and it did pan out, but it was almost 3 years, on-and-off, back and forth drafts of a pilot that ultimately got shelved though it served as a sample when the pitch sold. Honestly, I was so green, I didn't know any better and saw it as more of a learning experience than anything. When I did realize how exploitative it was, as fate would have it, that's when the producers got serious about shopping it around. We didn't have anything written and operated on oral agreement, but it ended up working to our favor in negotiations, we had a ringer for an entertainment attorney...

                  So definitely make sure it's time you'd be spending anyway, that at the end if nothing comes of it, you still have something to show, and definitely run all this by an attorney who knows what they're doing.

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                  • #10
                    Re: Writing on Spec Question

                    Originally posted by Levenger View Post
                    Because development funds are more-or-less extinct and if you don't write it, there's no shortage of talented, trying-to-break-in writers who will. ...

                    It hasn't worked for me in such a way, but I've seen guys spec for producers and, with their help, were able to generate a great sample that their reps were able to sell as "Big Producer is attached to this" to get them other jobs. So there's that.
                    Yes, I'm not unsympathetic to this side of it and I know that for a few it has worked. In the end, it's up to the writer to make that call and there will be times when it's worth it to develop the relationship with the producer. As one writer friend said to me, "I'm already not getting paid so don't have anything to lose."
                    "Friends make the worst enemies." Frank Underwood

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                    • #11
                      Re: Writing on Spec Question

                      Originally posted by Wallman View Post
                      FWIW, my partner and I did this and it did pan out, .... Honestly, I was so green, I didn't know any better and saw it as more of a learning experience than anything.
                      This is funny (to me) because I had a similar experience. When I first started pitching a script many years ago I was so naive and ignorant it was beyond a joke. So naive that I didn't know what I shouldn't do so I boldly approached all sorts of people, and was completely unaware of the many obstacles so behaved as if they weren't there. Ironically, so long as you aren't annoying people, this can work to your advantage, and in my case it did. Early failures were followed by a good paying gig just writing treatments and doing research development for proposals and specs. Sometimes that innocent charm and enthusiasm can work.

                      As you get more experience, the more you know the more you realize how much you don't know and you become more risk averse, possibly missing opportunities you might have taken when more naive.

                      So definitely make sure it's time you'd be spending anyway, that at the end if nothing comes of it, you still have something to show, and definitely run all this by an attorney who knows what they're doing.
                      Agreed.
                      "Friends make the worst enemies." Frank Underwood

                      Comment


                      • #12
                        Re: Writing on Spec Question

                        I just want to chime in with a success story, because I know the general wisdom is to run from this type of thing (and I completely understand that thinking)... but a few years ago I decided to work with a well known producer on spec. It was the producer's concept but it was an idea that I immediately sparked to and felt like I could knock out of the park. It was also at a point where I was very green and thought working with someone of this ilk could be a great learning experience if nothing else.

                        Our writing process was fairly quick and smooth - I want to say we did three drafts, with the producer's notes always being very streamlined and to the point. The producer then took the script out wide, it generated a good deal of interest and a well known indie company ended up optioning it and hiring me for a rewrite (for real, WGA-level money). This script also got me my agent, as I only had a manager at the time.

                        Of course, I've also written on spec and had it not work out whatsoever, so I know the other side of the coin as well. But since most of the time you hear horror stories about this, I just wanted to show that if you love the idea, get along with and trust the producer... these things, sometimes, can work out. You just have to make sure that the situation feels right and, as others have said, it's an idea you'd absolutely want to write on your own anyway.

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                        • #13
                          Re: Writing on Spec Question

                          Also wanted to chime in on my experience... I did this a couple of years ago. It was the producer's idea, but I was super passionate about it and honestly didn't have an idea of my own to work on that I was as excited about. It totally turned out to be the right decision; the script sold, got me an agent (I also just had a manager at the time) and most importantly, I was able to quit my day job to write full time.

                          BUT everyone's experience varies... and I doubt I'd be as enthusiastic about the experience had it not had such a positive outcome.

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                          • #14
                            Re: Writing on Spec Question

                            This is unfortunately very typical. Any room you walk into, the producer's hope is that you'll write their project for free. Most of the time, it leads nowhere, and you end up with a script you can't take anywhere else. But as others have said, if you love the idea give it a shot. It's as important (if not more) that the producer truly loves the idea, because then they'll really make a go of trying to set it up. A script being "dead" is directly related to the producer's passion for it, not yours. That's the gamble you're taking.

                            I've specced for producers twice in 15 years. The first time it went nowhere. The second time was me totally reinventing a script for a big producer because A) my first version didn't find a home, and B) his direction gave me a whole new passion for it. That one worked out beautifully. I did the work on spec, they attached a big director, the package then sold to Lionsgate and China as a co-production, and we're deep in pre-production now. But I repeat, the latter example is not the norm.

                            So my advice is, use your gut. It's not just "can this producer get it done?", it's "WILL this producer get it done?" Gauge their passion and your own before you agree to anything. As for a contract, I didn't have a contract for either of mine.
                            https://twitter.com/DavidCoggeshall
                            http://www.imdb.com/name/nm1548597/

                            Comment


                            • #15
                              Re: Writing on Spec Question

                              Originally posted by LiteBrightWrite View Post
                              I've been approached by a well known producer to write a script on spec.

                              I know what the spec process is and while I don't like the idea of writing for free until the producer can find funding and sell the script to a studio before I get paid, I understand that's just how things work. I have a question: Should there be some sort of written agreement in place?

                              Again, while I am new to screenwriting and I am getting great responses from many industry execs for my work. However, my biggest fault is that I am not familiar with what I need to do to protect myself in this process. I do have management but I'm not entirely sure his allegiance is to me or the producer.

                              Any suggestions?

                              I talk about this whenever I'm doing screenwriting forums.

                              I think if you are trying to break into features, in this current environment, this is one of the strongest ways to break in. It is a blessing, actually.

                              The key being, this producer HAS to be legit.

                              If the producer is legit, it is important that you build this into a relationship. If you are confident, that helps, but if not, just be honest. Let him know you are serious minded, very ambitious, and would like to prove yourself in way that the producer sees this as ongoing.

                              A ton of this is how you carry yourself. If this producer feels like you're a "comer", he or she will invest in you. And you have to be confident enough to ask for that. That said you have to be smart enough not to look like an a55hole when you do it.

                              I strongly strongly advise that you see this as a massive opportunity and charge into it with enthusiasm.

                              I don't understand how there is a conflict of interest with your manager? Is he legit? Who manages you?

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